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Compass Bank v. Chris M. Petersen

August 10, 2012

COMPASS BANK PLAINTIFF,
v.
CHRIS M. PETERSEN, ET AL. DEFENDANTS.
CHRIS M. PETERSEN, ET AL. PLAINTIFFS,
v.
ROUNDPOINT MORTGAGE SERVICING CORP., ET AL. DEFENDANTS.



The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

#:5591

ORDER GRANTING COMPASS BANK'S MOTION FOR PARTIAL SUMMARY JUDGMENT (11-0871, DOC. NO. 211) AND MOTION FOR SUMMARY JUDGMENT (11-01201, DOC. NO. 106); AND DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (11-0871, DOC. NOS. 147, 158)

Before the Court is one motion for summary judgment filed by Defendants Compass Bank and Roundpoint Mortgage Servicing Corporation ("Roundpoint") against Plaintiffs Christopher and Carolina Petersen (case number 11-01201), and three motions for summary judgment in Compass Bank's counter-lawsuit (case number 11-00871), one filed by Plaintiff Compass Bank; one filed by Defendants Christopher Petersen, Carolina Petersen, and CP Financial and CP Realty, I nc. ("CP") ("Petersen Parties," collectively), and one filed by Defendant Strunzo Development Corporation ("Strunzo").

I. BACKGROUND

A. Procedural History

On February 17, 2011, Christopher and Carolina Petersen filed a Complaint in the San Bernardino County, California, Superior Court against Compass Bank and Roundpoint, a loan servicer, to prevent a foreclosure sale of their property located at 27311 Peninsula Drive, Lake Arrowhead, California 92352 ("Property"). (See Not. of Removal, Ex A (Case No. 11-01201, Doc. No. 1.) Compass Bank responded with a lawsuit filed in this Court on June 3, 2011, against the Petersens, CP, and Strunzo. (Complaint (Case No. 11-00871, Doc. No. 1).)

Having postponed foreclosure on the Property, the Petersens on March 23, 2012, filed their presently operative complaint against Compass Bank and Roundpoint, alleging claims for declaratory judgment, accounting, unjust enrichment, and equitable estoppel. (Second Amended Complaint ("SAC")(Case No. 11-01201, Doc. No. 47-1).)

On September 21, 2011, Compass Bank filed its presently operative complaint against the Petersen Parties and Strunzo, alleging the following claims on which Compass Bank now moves for summary judgment:

1. Cancellation of instruments (against all Defendants);

2. Setting aside substitution of trustee and full reconveyance (against all Defendants);

3. Declaratory relief (against all Defendants);

4. Quiet title (against all Defendants);

5. Fraud (against Petersen Parties); and

6. Slander of title (against Petersen Parties); (First Amended Complaint ("FAC") (Case No. 11-00871, Doc. No. 6).)*fn1

The Court denied Strunzo's motion to dismiss Compass Bank's complaint on November 9, 2011 (Case No. 11-00871, Doc. No. 19); and, in the related action, granted in part and denied in part Compass Bank's motion to dismiss the Petersens' complaint on May 7, 2012. (Case No. 11-01201, Doc. No. 57.)

In June and July 2012, the parties filed multiple motions for summary judgment that have been mooted or deemed withdrawn because of procedural or technical deficiencies. (See June 26, 2012, Minute Order (11-00871, Doc. No. 143); July 19 Minute Order (11-00871, Doc. No. 211.) The following are the final documents filed in both actions presently before the Court: Case No. 11-00871

1. Plaintiff Compass Bank's Motion for Partial Summary Judgment (Doc. No. 211)

a. Defendants Petersen Parties' Opposition (Doc. No. 214)

b. Defendant Strunzo's Opposition (Doc. No. 195)

c. Plaintiff Compass Bank's Reply (Doc. No. 220)

2. Defendant Strunzo's Motion for Summary Judgment (Doc. No. 147)

a. Plaintiff Compass Bank's Opposition (Doc. No. 171)

b. Defendant Strunzo's Reply (Doc. Nos. 194, 196)*fn2

3. Defendants Petersen Parties' Motion for Summary Judgment (Doc. No. 158)

a. Plaintiff Compass Bank's Opposition (Doc. No. 183)

b. No Reply filed Case No. 11-01201

4. Defendant Compass Bank's Motion for Summary ...


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